As per Finance Bill of 2013, TDS is applicable on sale of immoveable property wherein the sale consideration of the property exceeds or is equal to Rs 50,00,000 (Rupees Fifty Lakhs). Sec 194 IA of the Income Tax Act, 1961 states that for all transactions with effect from June 1, 2013, Tax @ 1% should be deducted by the purchaser of the property at the time of making payment of sale consideration. Tax so deducted should be deposited to the Government Account through any of the authorised bank branches.

Facility for furnishing information regarding the transaction of sale of immoveable property and payment of TDS thereof is available on this website.

Detailed procedure, user friendly e-tutorial, list of Bank branches authorised to accept TDS and Frequently Asked Questions (FAQs) are available on this website for reference.

Points to be remembered by the Purchaser of the Property:

Deduct tax @ 1% from the sale consideration.

Collect the Permanent Account Number (PAN) of the Seller and verify the same with the Original PAN card.

PAN of seller as well as Purchaser should be mandatorily furnished in the online Form for furnishing information regarding the sale transaction.

Do not commit any error in quoting the PAN or other details in the online Form as there is no online mechanism for rectification of errors. For the purpose of rectification you are required to contact Income Tax Department.

Points to be remembered by the Seller of the Property:

Provide your PAN to the Purchaser for furnishing information regarding TDS to the Income Tax Department.

Verify deposit of taxes deducted by the Purchaser in your Form 26AS Annual Tax Statement.

What is TDS on property?

The Finance Bill 2013 has proposed that purchaser of an immovable property (other than rural agricultural land) worth Rs 50 lakh or more is required to pay withholding tax at the rate of 1% from the consideration payable to a resident transferor

Who is responsible to deduct the TDS on sale of Property?

According to rules in respect of tax deducted at source, buyer of the property would have to deduct the TDS and deposit the same in Government treasury.

I am Buyer, do I required to procure TAN to report the TDS on sale of Property?

Buyer or Purchaser of the property is not required to procure Tax Deduction Account Number (TAN). The Buyer is required quote his or her PAN and sellers PAN.

What if I don’t have the PAN of the seller is it Mandatory?

PAN of the seller is mandatory. The same may be acquired from the Seller before effecting the transaction.

How can I use this facility to pay TDS on sale of Property?

The Buyer of the property (deductor of tax) has to furnish information regarding the transaction online on the TIN website. After successfully providing details of transaction deductor can:

Either make the payment online (through e-tax payment option) immediately;

Or make the payment subsequently through e-tax payment option (net-banking account) or by visiting any of the authorized Bank branches. However, such bank branches will make e-payment without digitization of any challan. The bank will get the challan details from the online form filled on www.tin-nsdl.com

If I encounter any error on NSDL site while entering the online form details what should I do?

If any problem is encountered at the NSDL website while entering details in the online form then contact the TIN Call Center at 020 – 27218080 or write to us at tininfo@nsdl.co.in (Please indicate the subject of the mail as Online Payment of Direct Tax).

PAYMENT THROUGH e-TAX PAYMENT OPTION IMMEDIATELY

What is the procedure for furnishing TDS through the e-tax payment option immediately after providing the transaction details?

E-Payment facilitates payment of taxes online by taxpayers. To avail this facility the taxpayer is required to have a net-banking account with any of the Authorized Banks. Please follow the steps as under to pay tax online:-

Step 1

a) Log on to NSDL-TIN website (www.tin-nsdl.com).

b) Click on the option “Furnish TDS on property”.

c) Select Form for Payment of TDS on purchase of Property.

Step 2

After selecting the form you will be directed to the screen for entering certain information.

Example:-

a) Permanent Account Number (PAN) of Property Purchaser and Seller.

b) Address of the Purchaser, Seller as well as the Property being purchased

c) Financial Year during which the Purchase has been made

d) Major Head Code – To indicate the type of tax applicable viz; Tax on companies/Tax on other than companies

e) Value of Property

f) Date of agreement/booking

g) Amount Paid/credited (Transaction amount)

h) Rate of TDS

i) TDS Amount

j) Dates of payment/credit, deduction

k) Select the option for “Payment of taxes immediately”

It is important to ensure that PAN of Buyer and Seller are correctly mentioned in the form. There is no online mechanism for subsequent rectification. Deductor will have to approach the Assessing Officer or CPC-TDS for rectification of errors.

Step 3

After entering all the above detail, click on PROCEED button. The system will check the validity of PAN. In case PAN is not available in the database of the Income Tax Department then you cannot proceed with the payment of tax.

If PAN is available then TIN system will display the contents you have entered along with the “Name” appearing in the ITD database with respect the PAN entered by you.

Step 4

You can now verify the details entered by you. In case you have made a mistake in data entry, click on “EDIT” to correct the same. If all the detail and name as per ITD is correct, click on “SUBMIT” button. Nine digit alpha numeric ACK no. will be generated and you will be directed to the net-banking site provided by you.

Please be informed that the name and status of PAN is as per the ITD PAN Master. You are required to verify the name before making payment. In case any discrepancy is observed, please confirm the PAN entered by you. Any change required in the name displayed as per the PAN Master can be updated by filling up the relevant change request forms for PAN. If the name is correct, then click on “Confirm”

Step 5

After confirmation an option will be provided for submitting to Bank. On clicking on Submit to Bank deductor will have to login to the net-banking site with the user ID/ password provided by the bank for net-banking purpose and enter payment details at the bank site.

On successful payment a challan counterfoil will be displayed containing CIN, payment details and bank name through which e-payment has been made. This counterfoil is proof of payment being made.

How do I know whether my bank provides this facility?

To avail this facility the taxpayer is required to have a net-banking account with any of the Authorized Banks. List of Authorized Banks is available at the TIN website in the link

What is the procedure after being directed to the net banking site of the bank?

TIN system will direct you to net-banking facility of your bank. You will have to log on to the net banking site of your bank using your login ID and password/PIN provided by the bank. The particulars entered by you at TIN website will be displayed again.

You will now be required to enter the amount of tax you intend to pay and also select your bank account number from where you intend to pay the tax. After verifying the correctness, you can proceed with confirming the payment.

What will happen after I confirm the payment of tax at my bank’s site?

Your bank will process the transaction online by debiting the bank account indicated by you and generate a printable acknowledgment indicating the Challan Identification Number (CIN). You can verify the status of the challan in the “Challan Status Inquiry” at NSDL-TIN website using CIN after a week, after making payment.

What is the timing for making payment through internet?

You will have to check the net-banking webpage of your bank’s website for this information.

Whom should I contact if the counterfoil containing the CIN is not displayed on completion of the transaction and if I want duplicate counterfoil?

Your Bank provides facility for re-generation of electronic challan counterfoil kindly check the Bank website, if not then you should contact your bank request them for duplicate challan counterfoil.

If any problem encountered while entering the financial details at the net-banking webpage of your bank, then you should contact your bank for assistance.

PAYMENT OF TDS SUBSEQUENTLY

What is the procedure for paying the TDS amount into the Bank subsequently, i.e. not immediately after furnishing the purchase transaction details online?

Using this facility deductor (Buyer) can furnish the details online and make the payment of taxes subsequently either through net-banking account or by visiting any of the authorized bank branches. Following are the steps to avail this facility:

Step 1

a) Log on to NSDL-TIN website (www.tin-nsdl.com).

b) Click on the option “Furnish TDS on property”.

c) Select Form for Payment of TDS on purchase of Property.

Step 2

After selecting the form you will be directed to the screen for entering certain information.

Example:-

a) Permanent Account Number (PAN) of Property Purchaser and Seller.

b) Address of the Purchaser, Seller as well as the Property being purchased

c) Financial Year during which the Purchase has been made

d) Major Head Code – To indicate the type of tax applicable viz; Tax on companies/Tax on other than companies

e) Value of Property

f) Date of agreement/booking

g) Amount Paid/credited (Transaction amount)

h) Rate of TDS

i) TDS Amount

j) Dates of payment/credit, deduction

k) Select the option for “Payment of taxes immediately”

It is important to ensure that PAN of Buyer and Seller are correctly mentioned in the form. There is no online mechanism for subsequent rectification. Deductor will have to approach the Assessing Officer or CPC-TDS for rectification of errors.

Step 3

After entering all the above detail, click on PROCEED button. The system will check the validity of PAN. In case PAN is not available in the database of the Income Tax Department then you cannot proceed with the payment of tax.

If PAN is available then TIN system will display the contents you have entered along with the “Name” appearing in the ITD database with respect the PAN entered by you.

Step 4

You can now verify the details entered by you. In case you have made a mistake in data entry, click on “EDIT” to correct the same. If all the detail and name as per ITD is correct, click on “SUBMIT” button. Nine digit alpha numeric ACK no. will be generated and you will be provided with an option to print an Acknowledgment slip.

Please be informed that the name and status of PAN is as per the ITD PAN Master. You are required to verify the name before making payment. In case any discrepancy is observed, please confirm the PAN entered by you. Any change required in the name displayed as per the PAN Master can be updated by filling up the relevant change request forms for PAN. If the name is correct, then click on “Confirm”.

Step 5

With the printout of the Acknowledgment slip, you may visit any of the authorized Bank branches to make the payment of TDS subsequently. The Bank will make the payment through its netbanking facility and provide you the Challan counterfoil as acknowledgment for payment of taxes. Based on the information in the Acknowledgment slip, the bank will make the payment only through net-banking facility by visiting tin-nsdl.com and entering the acknowledgement number duly generated by TIN for the statement already filled by the buyer in respect of that transaction.

In case you desire to make the payment through e-tax payment (netbanking account) subsequently, you may access the link ‘View/Payment of TDS on property” on the TIN website. On entering the details as per the acknowledgment slip, you will be provided an option to submit to the bank wherein you have to select the Bank through which you desire to make the payment. You will be taken to the netbanking login screen wherein you can make the payment online.

What do I do if I have misplaced the Acknowledgment slip for payment through the Bank branches?

You may access the access the link ‘View/Payment of TDS on property” on the TIN website. On entering the details as per the acknowledgment slip, you will be provided options to either Print the Acknowledgment Slip.

In case you desire to make an online payment, on the same screen option for Submit to the bank is provided wherein you have to select the Bank for payment. You will be taken to the netbanking login screen wherein you can make the payment online.

If I have bought a property with underconstruction project, of Rs.60,00,000/- and TDS as 1% is 60,000/-
Instead of paying TDS of 1% at each slab, while making flat cost payment to the developer everytime,
can I pay the TDS of the entire 1% of agreement value at once and for all

The Assessee purchased property in joint name with his spouse for sale consideration of Rs. 55.00 lacs and sellers were also two persons jointly. TDS Liability u/s 194 IA (Rs. 55000/-) was paid. But assessee, inadvertently, deposited TDS amount with details of one seller only. Technically speaking, 26QB will be required with details of both sellers and both buyers, resulting in more than one challan/ return.

Department has issued a notice in the matter that one of buyer has not furnished details as to Form 26QB and it will attract penal provisions.

There are no such cases as to answer this issue. There is no loss to revenue. Should we approach jurisdictional assessing office for correction or some other measures are available under four corners of law.

I entered into a pre registration agreement for the property in pune in Dec 2013 which shall be handed over to me ( final registered agreement) in June 2016, when i have to pay the TDS at the time of final registry or since beginning ?

Sir, Cost of flat booked 100 lac paid before 31.05.2013 Rs. 90 lac balance paid after 31.5.2013 is 10 lac, should we are liable for TDS? and if yes on balance payment TDS not deducted, so liability will arise on 10 lac or on 100 lac..?
Regards

IF WE HAVE RECEIVED THE PAYMENT OF FLAT PARTIALLY IN FY 2014-15 ON WHICH TDS HAS BEEN DEDUCTED AND BALANCE PAYMENT IN FY2015-16 AND CAPITAL GAIN BOOKED. IN THIS CASE CAN WE TAKE THE BENEFIT OF TDS DEDUCTED IN FY 2014-15

Dear Sir
I am a salaried person working as Professor at MNNIT Allahabad, U.P. I purchased a flat in Noida. The seller has deducted and deposited TDS @1% as the property value was more than 50 lakhs. In my TDS traces Form 26AS,, under Part F- Details of tax deducted at source on sale of Immovable property u/s 194IA (For buyer of property) is appearing with TDS certificate number, Name of Deuctee, i. Builders name, PAN of deductee, Acknowledgement number, total transaction ammount, transaction date, TDS deposited and date of deposit. I wish to know which ITR I have to fill whether ITR-1 or ITR-2. How I have to show this in e-filing of ITR as the amount was paid to buyer and he has deposited the TDS as name of deductee is the seller of the property.
Kindly help me out so that I can e-file the requisite ITR for AY 2015-16
Your early reply is appreciated.
Thanking you and with regards,
Dr. Ram Pal Singh

Dear Sir
I am a salaried person working as Professor at MNNIT Allahabad, U.P. I purchased a flat in Noida. The seller has deducted and deposited TDS @1% as the property value was more than 50 lakhs. In my TDS traces Form 26AS,, under Part F- Details of tax deducted at source on sale of Immovable property u/s 194IA (For buyer of property) is appearing with TDS certificate number, Name of Deuctee, i. Builders name, PAN of deductee, Acknowledgement number, total transaction ammount, transaction date, TDS deposited and date of deposit. I wish to know which ITR I have to fill whether ITR-1 or ITR-2. How I have to show this in e-filing of ITR as the amount was paid to buyer and he has deposited the TDS as name of deductee is the seller of the property.
Kindly help me out so that I can e-file the requisite ITR for AY 2015-16
Your early reply is appreciated.
Thanking you and with regards,
Dr. Ram Pal Singh
Professor of Environmental Engineering
Department of Civil Engineering

If tds deducted on part payment by the buyer at the time of agreement to sell of immovable property during 2014-15 and the same was deposited in our account by the buyer and have been claimed from the Income Tax liability during the f.y 2014-15. But Now the agreement to sell is cancelled during the month of August 2015 i.e during f.y 2015-16 , and we have to return the full recieved payment to the buyer.

Now what will be the status of Tds claimed by us during 2014-15??
Kinldy advice

Weather limit to the cost of property is inclusive of applicable Service Tax ?

Booked a property in 2011 for Rs 48,90,000.00 only,If the applicable Service Tax is added total exceeds 50 lakh, weather the TDS is to be deducted while making further payments) (an aprox. amount of Rs 16,00,000.00 inclusive of Service Tax was paid in 2011, Builder has demanded payment now – being construction Linked payment plan.

I have quick queries – I bought a under construction flat of Rs 60 lacs with co-applicant my wife in 2012. I have paid 95% of the cost before 01 June 2013 and builder buyer agreement is of 24 April 2013. During possession, I have paid rest 5% i.e. 3 lacs on 26 May 2015 from my wife’s account, without deducting TDS on 5% payment.

Do I have pay TDS in two challans i.e. 0.5% against my PAN and 0.5% against my wife PAN, or one challan of 1% against my PAN would work too?

The application of Section 194-IA in the cases of auctions by a bank under SARFAESI Act seems a bit confusing. In fact, the sale amount is not the income of the bank and showing the same in the bank’s (transferor) PAN could lead to lot of confusion. Can any of you experts clear this confusion and suggest the right course to be adopted by the banks or even courts and tribunals in cases of auction sales for recovery of debts?

1) Purchased Flat at agreemnet value 70 lakhs in the month of October-14
2) Also as demanded by Promotor and it was to condition that 20% os total value is to be paid before agreement, I had paid 100% of my contrubution without deducting the 1% TDS as was not aware & Promotors also not informed about it.
3) 90% of the loan amount is also disbursed to the Promotor & 10% is balance to be disbursed.
4) Now I got letter from Promotor saying that 1% TDS paid is not appearing in 26AS of ITD & requested me to pay.
In above senario what is the way out as I had paid my 100% contibution and bank also paod almost 90% of loan amount? Pl advise.

When theTDS is not deducted by buyer from NRI(us citizens) who are the joint owners of the property,is it ok? Sale deed has been registered &consideration of Rs 80 lakhs has been paid to their jointA/C.there is also nil capital gain.they do not have any PAN card& there is no other tax liability in India.
Please advise any further action to be taken.

If two persons are buying a property fro TWO joint owners for Rs.98.00 Lakhs paying Rs.49.00 lakhs each to the joint owners, whether with holding tax has to be deducted. considering,The Finance Bill 2013 has proposed that purchaser of an immovable property (other than rural agricultural land) worth Rs 50 lakh or more is required to pay withholding tax at the rate of 1% from the consideration payable to a resident transferor

I am buying a under construction property in 54 Lakhs out of which I have to pay 49 lakh to seller and rest 5 lakh to builder as pending payment. I want to know whether in this transaction TDS deduction is applicable or not?

I purchased a construction linked property and paid amount to builder after June 2013. I have been paying them till date but never deducted TDS (hence nor deposited). My builder has never asked for TDS certificate.

I have not received any Income Tax Notice/demand till date, But to do a compliance, what needs to be done…?

What if there are 4 co-owners(seller) of property. if sale consideration of property is 2 crore is still TDS applicable ?. in that case how is TDS going to be distributed ? where all have equal share, so 50 lakhs limit each ,or aggregate

We have purchased a property at 1.1 crore jointly with my wife. The property is also jointly held. Please advise us as to how we should deposit the Tax –
whether the tax should be deposited by both of us at 50% each. Whether tax should
be deposited in favour of both seller at 50% each

I purchase a residential property value of which is more than Rs. 50 Lakhs. So as per Sec 194IA I am supposed to deduct TDS @ 1% and deposit the same with the government. However, at the time of purchase I was not aware that TDS has to be deducted and now income tax office has send me notice to pay TDS along with interest and 100% penalty. Please suggest me what I can do ?

I have sold a property @ 60 lac. purchaser is deducting 60 thousand & paying me rest of amount . how I can claim this amount & 2ndly if purchaser deduct from me but not pay to Government then how I can control

I booked a flat in Jun’11 and had the sale agreement in Sep’11, procession date is in Mar’15. Till Jul’13, I had done 70% of the payment and rest is being paid to the builder.
After Jul’13, payment is done twice as per the construction plan. I have the following queries:
– Is TDS applicable in this case?
– If yes, TDS to be deducted on the total amount as per sale deed or the payment done after Jul’13.

what if the property is purchased from the joint owners and price of the property is Rs.90.00 lakhs should it be deducted from the both the vendors or deduction from any one will be sufficient. plz advise. thnks

*He opted for construction linked plan and already paid approx 25 lacs, and 31 lacs was outstanding payment on his part at the time of transfer of property which includes 9 lacs as penalty on overdue payment

*He sold it @ of 88 lacs which includes 19 lacs as premium amt.

*We gave him 15 lacs from our pocket in white and rest was financed from bank

*We have given approx 44 lacs to seller (including premium) and 22 lacs to builder (on his behalf for his overdue payments)

Now issues are

* When seller booked that flat, TDS rule was not there so he has given his installments without deducting TDS.

* Bank has given DD to seller (29 lacs) and builder(22 lacs) without deducting TDS. And we have also not deducted TDS.

# Now what should be done? Who shall pay the TDS ?
Is there any legal action that can be taken if seller refuses to give back TDS amount( 44 thousand in my case)

TDS payment has been made through form no 281 for installment paid to builder, instead of on through form no.26 QB by the bank.I have submitted challann for the same to builder .However, builder is insisting chaplain in 26 QB.Kindly guide me how to rectify error.

I am a NRI and purchased a property in Mumbai in my wife’s name, son and daughter -in-law who will be joint owners in the property now my wife and son do not have a PAN card and have applied for the same, can the TDS be paid by the daughter-in-law as she has the PAN card.

Hi,
I am purchasing a flat from joint owners(wife and husband) in which wife’s name appears first on share certificate.
Sellers are insisting to make the payment and deduct the TDS only on Husbands name which is second in share certificate.
Kindly advice, whether cheques can be given on single name and TDS also can be deposited on single name?
Weather there will be any issue with IT?

Hi, I paid 1% TDS On property purchase in July 2013. Now the amount is showing as Advace tax in Income tax e-filing site against my PAN number. So would like to know how to account this Advace tax if I want to file online for the yar 2014-15?

Good Morining
I have an query regarding 194IA, if the agreement of sale consideration was done for 60Laksh before 1.06.2013 and the part payment for 20 Lakhs also done before to 1.6.2013. so, will i have to pay TDS on this balabce amount which i paid on 1.6.2013 or may after?

I would be buying a property worth 60 Lakhs from an NRI couple who are also joint holder of the property. The payment of principle amount will be split and deposited in the individual account of the sellers / Please clarify if the Tax is to be dedcuted and deposited from both sellers ?

— Please tell me whether TDS is applicable on the flats purchased before 1st June 2013. I have purchased the flat in May 2011 in the joint name with my wife and the same is already registered in our name in December 2011

— Part of the payment is due towards this flat, registered in our name in December 2011, on possession in Dec 2013. Will this payment attract TDS ??

Paramjeet Singh Says:
Sept 14, 2013 At 11:09 PM
I entered in to sale agreement for a residential plot:

Sale consideration as per agreement is Rs.56,00,000/-.(A)
Total payment made till 30.5.2013 is Rs.42,00,000/-.(B)
Total payment made after 30.5.2013 is Rs.05,00,000/-.(C)
Balance payment to be made after 30.5.2013 is Rs.09,00,000/-.(D)
I forgot to deduct TDS on (C)
What is the remedy now?
-paramjeet singh

1. I HAVE PURCHASED FLAT IN 2010 IN JOINT NAME (MYSELF AND WIFE). TOTAL CONSIDERARION IS ABOUT 85 LAKHS. WE SHALL PAY EQUALLY FROM MY AND WIFE’S ACCOUNT. SO INDIVDUAL PAYMENT FROM EACH NAME WOULD LESS THAN 50 LAKHS BUT JOINTLY IT IS 85 LAKHS. WHETHER TDS PROVISIONS WILL BE APPLICABLE TO ME OR NOT.

2. WHETHER I HAVE TO DEDUCT TAX ON PAYMENT MADE AFTER 1ST JUNE 2013 OR ON THE TOTAL AMOUNT PAID BEFORE 1ST JUNE 2013 ALSO.

If we purchased property in year July 2012 and possession expected in April 2014.
As of now August 2013 96% of property value is disabused do we need to pay TDS as is effective from June 2013?
Also we are purchaser me an my wife, how to pay TDS in this case?

Sale consideration as per agreement is Rs.56,00,000/-.(A)
Total payment made till 30.5.2013 is Rs.42,00,000/-.(B)
Total payment made after 30.5.2013 is Rs.05,00,000/-.(C)
Balance payment to be made after 30.5.2013 is Rs.09,00,000/-.(D)
I forgot to deduct TDS on (C)
What is the remedy now?
-paramjeet singh

If seller will not ready to give 1% tds to buyer at the time of transfer of the property what buyer can do legal action? and 2. what will be impact if this tax is not paid by any party ?? 3. their is no govt circular regarding this till now with the concerned authority, then when it will be implicated ?

Mr. Y purchased one under construction property in direct allotment from builder for a total cost of 60 lacs. Till now property is not completed and Mr Y paid 30 lacs as per demand by builder till now. Now he is going to sell his property to Mr. X at the premium / profit margin of rs. 15 lacs. SO now mr. x have to pay total of Rs. 45 lacs to seller/Mr.Y (which he paid to buider till now + 15lacs (premium)AND balance amount of rs. 30 lacs (Total cost – paid amt. /60-30) to builder as per demend in future. So what will be sale value – 45 lacs or 75 lacs ? is seller has to pay 1% tds ? pls advise

For Example, Mr A purchased a house property (i.e. A bounglow ) from Mr B for a consideration of Rs. 1.50 Crores after 1st June 2013. In this case, if Mr. A makes payments in installments basis. Is TDS @1% deductible on installment basis at the time of making payment.

It is not clear whether TDS is applicable when the Purchaser is more than one individual; is it based on the value of the whole property, or the extent to which the Purchaser has a title? For example, ten people together buy a building for Rs 2 crores and get a share of 20 lakhs each. And if applicable, how will the above steps be practical?

TDS on sale/purchase of immovable property. Please tell me whether this is applicable to purchase of flat on installments from builder/real estate company and before 1st June 2013. Whether purchaser need to deduct 1 % as TDS amount and deposit to IT online. Whether it will be required. As such builder / company already taking PAN of flat buyers and declare in AIR.

Thanks for the information. Now I have a case wherein an immovable property is being sold for 5 cr. and the capital gain tax is applicable. As per the new provisions the purchaser will be recovering TDS iof 1% of the sale value of Rs. 5 cr. and will be remitting to Govt. Ac. The seller is a non tax payer but filing the nil taxable income. As has plans of reinvesting in housing property which could happen in subsequent assessment years please guide how he has claim the benefit of the TDS tax recovered by his purchaser.

What in case of multiple buyers and multiple sellers ..say I have jointly purchased or I am joint seller whise tds will be deducted or whise tds is to be deducted..if the agreement is silent on ownership details of jointowners then.